Trial proceedings meaning

Assuming that the criminal trial is carried out to completion, those procedures tend to include the following:.

Judge or jury trial. The defense often has the right to decide whether a case will be tried to a judge or jury, but in some jurisdictions, both the prosecution and the defense have the right to demand a jury trial. For more on the jury-trial right, including its limitations, see The Right to Trial by Jury. Juries typically consist of 12 people, but some states allow for juries as small as six members. Jury selection. If the trial will be held before a jury, the defense and prosecution select the jury through a question-and-answer process called "voir dire.

Evidence issues. The defense and prosecution request that the court, in advance of trial, admit or exclude certain evidence. These requests are called motions "in limine. Opening statements. The prosecution and then the defense make opening statements to the judge or jury. These statements provide an outline of the case that each side expects to prove.

Because neither side wants to look foolish to the jury, the attorneys are careful to promise only what they think they can deliver. In some cases, the defense attorney reserves opening statement until the beginning of the defense case. The lawyer may even choose not to give an opening statement, perhaps to emphasize to the jury that it's the prosecution's burden to do the convincing.

Prosecution case-in-chief. The prosecution presents its main case through direct examination of prosecution witnesses. The defense may cross-examine the prosecution witnesses. Also see What are 're-direct' and 're-cross' examination?

Motion to dismiss optional. The defense may move to dismiss the charges if it thinks that the prosecution has failed to produce enough evidence—even if the jury believes the evidence—to support a guilty verdict.

For more information, see Acquittals by Judges in Jury Trials. Denial of motion to dismiss. The article excerpt sheds light on the difference between trial and hearing, so take a read. Basis for Comparison Hearing Trial Meaning Hearing is described as a legal gathering, in the court of law, wherein the judge discusses and decides the case, in the presence of the competing parties. Trial refers to the judicial proceeding in which facts and evidences are examined, to find out the guilt or innocence of the accused.

Headed by Judge Judge or Jury Object To ascertain whether the charges imposed are worth pursuing or not. To identify the guilt or innocence of the accused. In law, hearing implies the general assessment of a case by the judge, wherein preliminary decision is taken by the judge, regarding whether the case is to be pursued or not. These are oral arguments, in support of the case, to settle it or make a judgement or to decide relevant aspects of the case, to ascertain the way in which trial will proceed.

For example, a prosecutor or defense attorney may object to the wide range of the direct examination because it is beyond the knowledge of the witness, the attorney may be arguing with the witness rather than asking questions, or the witness may be talking about things irrelevant to the case.

The judge decides the outcome of an objection, sometimes after allowing attorneys on both sides to comment before making a ruling. Closing arguments are the final opportunity for the prosecutor and the defense attorney to talk to the jury. These arguments allow both attorneys to summarize the testimony and evidence, and ask the jury to return a verdict of guilty or not guilty.

After being charged, the jury goes into deliberation, the process of deciding whether a defendant is guilty or not guilty. During this process, no one associated with the trial can contact the jury without the judges and lawyers. If the jury has a question on the law, they must write a note to the judge, which the judge will read in court with all parties present. In federal criminal trials, the jury must reach a unanimous decision in order to convict the defendant.

After they reach an agreement on a verdict, they notify the judge, the lawyers, and the defendant in open court. Everyone is present in court for the reading of the verdict. The United States Marshals Service is present during trial to protect the judge and prosecutors from potential harm.

If the defendant is found not guilty, they are usually free to go home. You are here U. If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with except where urgent interlocutory relief is sought. All Court proceedings shall be held in the Commonwealth of Virginia. The Court will consider any application to vacate hearing or conciliation dates or other listings where a legal representative or other person involved in Court proceedings or a party is obliged to self-isolate.

Anyone required to self-isolate must not attend the Court building or any Court proceedings wherever conducted.